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Nuclear Liability Bill
After Oppn tough talk, Govt willing to modify language
BJP rules out support till changes dropped; Chavan to meet Left leaders today
Anita Katyal and Faraz Ahmad
Tribune News Service

New Delhi, August 23
Working overtime to save the contentious Civil Nuclear Liability Bill from collapsing, the government today assured an angry Opposition that it is willing to accommodate its concerns by modifying the language of the proposed legislation.

Both the BJP and the Left parties have raised strong objections to the government’s amendment in clause 17 (b), which dilutes the responsibility of foreign suppliers and have threatened to oppose the Bill when it is taken up in the Parliament later this week.

Taking advantage of the two-day break in the Parliament, Science and Technology Minister Prithviraj Chavan went in to damage-control mode today. He met Rajya Sabha’s Leader of Opposition Arun Jaitely to arrive at an understanding over the offending amendment and is likely to consult the Left leaders tomorrow.

It is learnt that the BJP leader suggested three or four formulations, tweaking the language of the contentious clause, which could facilitate a compromise. Keen on getting the BJP on board, Chavan assured Jaitley that the controversial clause would be reworked to address his party’s concerns.

Talking to mediapersons after the meeting, Jaitley said he told Chavan that his party would think of supporting the Bill provided the government restored the language in Clause 17(B), as suggested by the Parliamentary Standing Committee that had scrutinised the Bill. “Go back to the Standing Committee on language of Clause 17(B). After that we will see,” Jaitley is said to have told Chavan.

The Standing Committee had recommended that clause 17(B), while talking about operator's recourse to damages from supplier, should read as- "The nuclear incident has resulted as a consequence of latent or patent defect, supply of sub-standard material, defective equipment or services or from the gross negligence on the part of the supplier of the material, equipment or services.” However, the government amended the sub-clause to read as- "The nuclear incident has resulted as a consequence of an act of supplier or his employees, done with the intent to cause nuclear damage and such act includes supply of equipment or material with patent or latent defects or sub-standard services.”

“This word ‘intent’ effectively reduces 17(b) to a dead letter. There will never be a situation where a supplier will accept that he has supplied the material intentionally.” stated Jaitley.

The Opposition has charged that this reworked clause would allow foreign suppliers to get away scot free, as it is not just difficult, but impossible to prove their legal culpability in case of a nuclear accident. The government, on its part, does not want to place tough conditions, as it could scare away foreign suppliers from undertaking nuclear trade with India.

Besides wooing the BJP, the government is also planning to hard sell this Bill to regional players like the BSP, SP and the RJD, who had bailed out the ruling combine during the vote on cut motions in the last Parliament session.

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